Law

Capital Allowances Act 2001

United Kingdom · statute

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In force since 2026-05-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 893 provisions
  1. Title and introductory text
  2. 1 Capital allowances
  3. 1A Capital allowances and charges: cash basis
  4. 2 General means of giving effect to capital allowances
  5. 3 Claims for capital allowances
  6. 4 Capital expenditure
  7. 5 When capital expenditure is incurred
  8. 6 Meaning of “chargeable period”
  9. 6A “NIRE company” and “SME (Northern Ireland employer) company”
  10. 6B “Northern Ireland firm” etc
  11. 6C “NI rate activity”
  12. 6D NI rate activity treated as separate trade
  13. 6E Giving effect to allowances and charges: NI rate activity cases
  14. 7 No double allowances
  15. 8 No double relief through pooling under Part 2 (plant and machinery allowances)
  16. 9 Interaction between fixtures claims and other claims
  17. 10 Interpretation
  18. 11 General conditions as to availability of plant and machinery allowances
  19. 12 Expenditure incurred before qualifying activity carried on
  20. 13 Use for qualifying activity of plant or machinery provided for other purposes
  21. 13A Use for other purposes of plant or machinery previously used for long funding leasing
  22. 13B Use for other purposes of plant or machinery: property businesses
  23. 14 Use for qualifying activity of plant or machinery which is a gift
  24. 15 Qualifying activities
  25. 16 Ordinary UK property businesses
  26. 17 UK furnished holiday lettings businesses
  27. 17A Ordinary overseas property business
  28. 17B EEA furnished holiday lettings businesses
  29. 18 Managing the investments of a company with investment business
  30. 19 Special leasing of plant or machinery
  31. 20 Employments and offices
  32. 21 Buildings
  33. 22 Structures, assets and works
  34. 23 Expenditure unaffected by sections 21 and 22
  35. 24 Interests in land
  36. 25 Building alterations connected with installation of plant or machinery
  37. 26 Demolition costs
  38. 27 Application of Part to thermal insulation and personal security
  39. 28 Thermal insulation of ... buildings
  40. 29 Fire safety
  41. 30 Safety at designated sports grounds
  42. 31 Safety at regulated stands at sports grounds
  43. 32 Safety at other sports grounds
  44. 33 Personal security
  45. 33A Expenditure on provision or replacement of integral features
  46. 33B Meaning of “replacement” in section 33A
  47. 34 Expenditure by MPs and others on accommodation
  48. 34A Expenditure on plant or machinery for long funding leasing not qualifying expenditure
  49. 35 Expenditure on plant or machinery for use in dwelling-house not qualifying expenditure in certain cases
  50. 36 Restriction on qualifying expenditure in case of employment or office
  51. 37 Exclusion where sums payable in respect of depreciation
  52. 38 Production animals etc.
  53. 38ZA Vehicles for which deductions allowed at fixed rate under Part 2 of ITTOIA 2005
  54. 38A AIA qualifying expenditure
  55. 38B General exclusions applying to section 38A
  56. 39 First-year allowances available for certain types of qualifying expenditure only
  57. 40 Expenditure incurred for Northern Ireland purposes by small or medium-sized enterprises
  58. 41 Miscellaneous exclusions from section 40 (expenditure for Northern Ireland purposes etc.)
  59. 42 Exclusion of plant or machinery partly for use outside Northern Ireland
  60. 43 Effect of plant or machinery subsequently being primarily for use outside Northern Ireland
  61. 44 Expenditure incurred by small or medium-sized enterprises
  62. 45 ICT expenditure incurred by small enterprises
  63. 45D Expenditure on cars with low carbon dioxide emissions
  64. 45DA Expenditure on zero-emission goods vehicles
  65. 45DB Exclusions from allowances under section 45DA
  66. 45E Expenditure on plant or machinery for gas refuelling station
  67. 45EA Expenditure on plant or machinery for electric vehicle charging point
  68. 45F Expenditure on plant and machinery for use wholly in a ring fence trade
  69. 45G Plant or machinery used for less than five years in a ring fence trade
  70. 45K Expenditure on plant and machinery for use in designated assisted areas
  71. 45L Exclusion of plant or machinery partly for use outside designated assisted areas
  72. 45M Exclusions from allowances under section 45K
  73. 45N Effect of plant or machinery subsequently being primarily for use outside designated assisted areas
  74. 45O Expenditure on plant and machinery for use in special tax sites
  75. 45P Power to amend conditions
  76. 45Q Exclusion of plant or machinery partly for use outside special tax sites
  77. 45R Effect of failing to comply with ongoing requirements
  78. 45S Expenditure on plant or machinery in other cases
  79. 45T Exclusion of expenditure incurred under disqualifying arrangements
  80. 45U Expenditure on plant or machinery in cases not falling with section 45S etc
  81. 45V Exclusion of expenditure incurred under disqualifying arrangements
  82. 46 General exclusions ...
  83. 47 Expenditure of small or medium-sized enterprises: companies
  84. 48 Expenditure of small or medium-sized enterprises: businesses
  85. 49 Whether company is a member of a large or medium-sized group
  86. 50 Time when expenditure is incurred
  87. 51 Disclosure of information between UK tax authorities
  88. 51A Entitlement to annual investment allowance
  89. 51B First restriction: companies
  90. 51C Second restriction: groups of companies
  91. 51D Third restriction: groups of companies under common control
  92. 51E Fourth restriction: other companies under common control
  93. 51F Companies and groups: meaning of “control”
  94. 51G Companies and groups: meaning of “related”
  95. 51H Fifth restriction: qualifying activities under common control
  96. 51I Qualifying activities: meaning of control
  97. 51J Qualifying activity: meaning of “related”
  98. 51JA Sixth restriction: allocation where profits chargeable at NI rate
  99. 51K Operation of annual investment allowance where restrictions apply
  100. 51L Special provision for short chargeable periods
  101. 51M Special provision for long chargeable periods
  102. 51N Special provision for long chargeable periods: supplementary
  103. 52 First-year allowances
  104. 52A Prevention of double relief
  105. 53 Pooling of qualifying expenditure
  106. 54 The different kinds of pools
  107. 55 Determination of entitlement or liability
  108. 56 Amount of allowances and charges
  109. 56A Writing-down allowances for small pools
  110. 57 Available qualifying expenditure
  111. 58 Initial allocation of qualifying expenditure to pools
  112. 59 Unrelieved qualifying expenditure
  113. 59A Disposal of assets where first-year allowance made under section 45S for expenditure which is not special rate expenditure
  114. 59B Disposal of assets where first-year allowance made under section 45S for expenditure which is special rate expenditure
  115. 59C Sections 59A and 59B: tax avoidance arrangements
  116. 60 Meaning of “disposal receipt” and “disposal event”
  117. 61 Disposal events and disposal values
  118. 62 General limit on amount of disposal value
  119. 62A Cases in which disposal value is transition value
  120. 63 Cases in which disposal value is nil
  121. 64 Case in which no disposal value need be brought into account
  122. 64A Leased assets: arrangements reducing disposal value of asset
  123. 65 The final chargeable period
  124. 66 List of provisions outside this Chapter about disposal values
  125. 66A Persons leaving cash basis
  126. 66B SME company entering NI corporation tax regime
  127. 66C SME partnership entering NI corporation tax regime
  128. 66D SME company leaving NI corporation tax regime
  129. 66E SME partnership leaving NI corporation tax regime
  130. 67 Plant or machinery treated as owned by person entitled to benefit of contract, etc.
  131. 68 Disposal value on cessation of notional ownership
  132. 69 Hire-purchase etc. and fixtures
  133. 70 Plant or machinery provided by lessee
  134. 70A Entitlement to capital allowances
  135. 70B Long funding operating lease: amount of capital expenditure
  136. 70C Long funding finance lease: amount of capital expenditure
  137. 70D Long funding finance lease: additional expenditure: allowances for lessee
  138. 70DA Transfer and long funding leaseback: restrictions on lessee's allowances
  139. 70E Disposal events and disposal values
  140. 70F Introductory
  141. 70G “Long funding lease”
  142. 70H Lessee: requirement for tax return treating lease as long funding lease
  143. 70I “Short lease”
  144. 70J “Funding lease”
  145. 70K “Plant or machinery lease”
  146. 70L Plant or machinery leased with other assets: separate derived leases
  147. 70M Derived leases of plant or machinery: term and rentals
  148. 70N The finance lease test
  149. 70O The lease payments test
  150. 70P The useful economic life test
  151. 70Q Leases excluded by right of lessor etc to claim capital allowances
  152. 70R Excluded leases of background plant or machinery for a building
  153. 70S The disqualifications
  154. 70T Orders relating to background plant or machinery for a building
  155. 70U Plant or machinery leased with land: low percentage value
  156. 70V Tax avoidance involving international leasing
  157. 70W Transfers, assignments etc by lessor
  158. 70X Transfers, assignments etc by lessee
  159. 70Y Sale and leaseback, lease and leaseback etc: lessors
  160. 70YA Change in accountancy classification of long funding lease
  161. 70YB Long funding operating lease: extension of term of lease
  162. 70YC Extension of term of lease that is not a long funding lease
  163. 70YD Increase in proportion of residual amount guaranteed: review of status
  164. 70YE “Minimum lease payments”
  165. 70YF The “term” of a lease
  166. 70YG “Termination amount”
  167. 70YH “Termination value”
  168. 70YI General definitions
  169. 70YJ Power to vary the meaning of certain expressions
  170. 71 Software and rights to software
  171. 72 Disposal values
  172. 73 Limit on disposal values
  173. 74 Single asset pool
  174. 75 General limit on amount of writing-down allowance
  175. 76 Limit where part of expenditure met by another person
  176. 77 Car used partly for purposes other than those of qualifying activity
  177. 78 Effect of partial depreciation subsidy
  178. 79 Cases where Chapter 17 (anti-avoidance) applies
  179. 80 Vehicles provided for purposes of employment or office
  180. 81 Extended meaning of “car”
  181. 82 Qualifying hire cars
  182. 83 Meaning of “short-life asset”
  183. 84 Cases in which short-life asset treatment is ruled out
  184. 85 Election for short-life asset treatment: procedure
  185. 86 Short-life asset pool
  186. 87 Short-life assets provided for leasing
  187. 88 Sales at under-value
  188. 89 Disposal to connected person
  189. 90 Long-life asset expenditure
  190. 91 Meaning of “long-life asset”
  191. 92 Application of Chapter to part of expenditure
  192. 93 Fixtures etc.
  193. 94 Ships
  194. 95 Railway assets
  195. 96 Cars
  196. 97 Expenditure within the relevant monetary limit: general
  197. 98 Expenditure to which the monetary limits apply
  198. 99 The monetary limit
  199. 100 Exceeding the monetary limit
  200. 101 Allocation of long-life asset expenditure to pool
  201. 102 Writing-down allowance in respect of long-life asset expenditure
  202. 103 Later claims
  203. 104 Disposal value of long-life assets
  204. 104A Special rate expenditure
  205. 104AA Meaning of “main rate car”
  206. 104B Application of Chapter to part of expenditure
  207. 104C Special rate pool
  208. 104D Writing-down allowances at 6% or 10%
  209. 104E Disposal value of special rate assets
  210. 104F Special rate cars: discontinued activity continued by relevant company
  211. 104G Disposal events in respect of cushion gas
  212. 105 “Leasing”, “overseas leasing” etc.
  213. 106 The designated period
  214. 107 The overseas leasing pool
  215. 108 Effect of disposal to connected person on overseas leasing pool
  216. 109 Writing-down allowances at 10%
  217. 110 Cases where allowances are prohibited
  218. 111 Excess allowances: standard recovery mechanism
  219. 112 Excess allowances: connected persons
  220. 113 Excess allowances: special provision for ships
  221. 114 Prohibited allowances: standard recovery mechanism
  222. 115 Prohibited allowances: connected persons
  223. 116 Mitigation of regime
  224. 117 Recovery of allowances in case of joint lessees
  225. 118 Certificate relating to protected leasing
  226. 119 Notice of change of use of plant or machinery
  227. 120 Notice and joint lessees
  228. 121 Meaning of “short-term leasing”
  229. 122 Short-term leasing by buyer, lessee, etc.
  230. 123 Ships and aircraft
  231. 124 Transport containers
  232. 125 Other qualifying purposes
  233. 126 Minor definitions
  234. 127 Single ship pool
  235. 128 Expenditure which is not to be allocated to single ship pool
  236. 129 Election to use the appropriate non-ship pool
  237. 130 Notice postponing first-year or writing-down allowance
  238. 131 Effect of postponement
  239. 132 Disposal events and single ship pool
  240. 133 Ship not used
  241. 134 Deferment of balancing charges: introduction
  242. 135 Claim for deferment
  243. 136 Further conditions for deferment
  244. 137 Effect of deferment
  245. 138 Limit on amount deferred
  246. 139 Amount taken into account in respect of old ship
  247. 140 Notice attributing deferred amounts to new expenditure
  248. 141 Deferred amounts attributed to earlier expenditure first
  249. 142 Variation of attribution
  250. 143 Effect of attribution
  251. 144 Amounts which cease to be attributable
  252. 145 Requirement to notify where no entitlement to defer amounts
  253. 146 Basic meaning of expenditure on new shipping
  254. 147 Exclusions: ship previously owned
  255. 148 Exclusions: object to secure deferment
  256. 149 Exclusions: later events
  257. 150 Exclusions where expenditure not incurred by shipowner
  258. 151 Basic meaning of qualifying ship
  259. 152 Ships under 100 tons
  260. 153 Ships which are not qualifying ships
  261. 154 Further registration requirement
  262. 155 Change in the persons carrying on the qualifying activity
  263. 156 Connected persons
  264. 157 Adjustment of assessments etc.
  265. 158 Members of same group
  266. 159 Meaning of “mineral extraction trade” etc.
  267. 160 Expenditure treated as incurred for purposes of mineral extraction trade
  268. 161 Pre-trading expenditure on mineral exploration and access
  269. 161A Meaning of “offshore infrastructure”
  270. 161B Meaning of “decommissioning expenditure”
  271. 161C Expenditure related to reuse etc. qualifies for writing-down allowances
  272. 161D Exceptions to section 161C(2)
  273. 162 Ring fence trade a separate qualifying activity
  274. 163 Meaning of “general decommissioning expenditure”
  275. 163A Expenditure in anticipation of approval of abandonment programme
  276. 164 General decommissioning expenditure incurred before cessation of ring fence trade
  277. 165 General decommissioning expenditure after ceasing ring fence trade
  278. 165A Decommissioning services supplied by connected person
  279. 165B Restriction on allowance available
  280. 165C Allowance in respect of certain services related to decommissioning
  281. 165D Allowance where decommissioning undertaken for other participators in oil field
  282. 165E Transaction to obtain tax advantage
  283. 166 Transfers of interests in oil fields: anti-avoidance
  284. 167 Oil production sharing contracts
  285. 168 Expenditure on plant or machinery incurred by contractor
  286. 169 Expenditure on plant or machinery incurred by participator
  287. 170 Participator’s expenditure attributable to plant or machinery
  288. 171 Disposal values on cessation of ownership
  289. 172 Scope of Chapter etc.
  290. 172A Long funding leases etc: cases where this Chapter does not apply.
  291. 173 Meaning of “fixture” and “relevant land”
  292. 174 Meaning of “equipment lease” and “lease”
  293. 175 Meaning of “interest in land”, etc.
  294. 175A Meaning of “energy services agreement”
  295. 176 Person with interest in relevant land having fixture for purposes of qualifying activity
  296. 177 Equipment lessors
  297. 178 Equipment lessee has qualifying activity etc.
  298. 179 Equipment lessor has right to sever fixture that is not part of building
  299. 180 Equipment lease is part of affordable warmth programme
  300. 180A Energy services providers
  301. 181 Purchaser of land giving consideration for fixture
  302. 182 Purchaser of land discharging obligations of equipment lessee
  303. 182A Purchaser of land discharging obligations of client under energy services agreement
  304. 183 Incoming lessee where lessor entitled to allowances
  305. 184 Incoming lessee where lessor not entitled to allowances
  306. 185 Fixture on which a plant and machinery allowance has been claimed
  307. 186 Fixture on which an industrial buildings allowance has been made
  308. 186A Fixtures on which a business premises renovation allowance has been made
  309. 187 Fixture on which a research and development allowance has been made
  310. 187A Effect of changes in ownership of a fixture
  311. 187B Section 187A: supplementary provision
  312. 188 Cessation of ownership when person ceases to have qualifying interest
  313. 189 Identifying the qualifying interest in special cases
  314. 190 Cessation of ownership of lessor where section 183 applies
  315. 191 Cessation of ownership on severance of fixture
  316. 192 Cessation of ownership of equipment lessor
  317. 192A Cessation of ownership of energy services provider
  318. 193 Acquisition of ownership by lessor or licensor on termination of lease or licence
  319. 194 Acquisition of ownership by assignee of equipment lessor
  320. 195 Acquisition of ownership by equipment lessee
  321. 195A Acquisition of ownership by assignee of energy services provider
  322. 195B Acquisition of ownership by client
  323. 196 Disposal values in relation to fixtures: general
  324. 197 Disposal values in avoidance cases
  325. 198 Election to apportion sale price on sale of qualifying interest
  326. 199 Election to apportion capital sum given by lessee on grant of lease
  327. 200 Elections under sections 198 and 199: supplementary
  328. 201 Elections under sections 198 and 199: procedure
  329. 202 Interpretation
  330. 203 Amendment of returns etc.
  331. 204 Appeals etc.
  332. 205 Reduction of annual investment allowance and first-year allowances
  333. 206 Single asset pool etc.
  334. 207 Reduction of allowances and charges on expenditure in single asset pool
  335. 208 Effect of significant reduction in use for purposes of qualifying activity
  336. 208A Cars: disposal value in avoidance cases
  337. 209 Meaning of “partial depreciation subsidy”
  338. 210 Reduction of annual investment allowance and first-year allowances
  339. 211 Single asset pool etc.
  340. 212 Reduction of allowances and charges on expenditure in single asset pool
  341. 212ZA Apportionment of expenditure incurred partly for NI rate activity
  342. 212ZB Single asset pool etc
  343. 212ZC Allowances and charges on expenditure in single asset pool
  344. 212ZD Effect of significant change in balance of use
  345. 212ZE Application of Chapter to partnerships
  346. 212ZF “Main rate activity”
  347. 212A Scope of Chapter
  348. 212B Where Chapter applies
  349. 212C When there is qualifying change in relation to C
  350. 212D Guide to sections explaining section 212C
  351. 212E Principal companies
  352. 212F When company is owned by consortium and consortium members
  353. 212G Qualifying 75% subsidiaries
  354. 212H Ownership proportion
  355. 212I Relevant percentage share
  356. 212J Relevant excess of allowances
  357. 212K Relevant tax written-down value
  358. 212L Balance sheet value
  359. 212LA Limiting conditions
  360. 212M Unallowable purpose
  361. 212N Old and new accounting periods
  362. 212O When there is excess of allowances in pool: amount of excess
  363. 212P Effect of excess of allowances on pools
  364. 212Q When there are postponed capital allowances
  365. 212R Apportionment of proceeds of disposal of relevant plant and machinery
  366. 212S Transactions on relevant day
  367. 212T Cap on first-year allowances: zero-emission goods vehicles
  368. 212U Cap on first-year allowances: expenditure on plant and machinery for use in designated assisted areas
  369. 213 Relevant transactions: sale, hire-purchase (etc.) and assignment
  370. 214 Connected persons
  371. 215 Transactions to obtain tax advantages
  372. 216 Sale and leaseback, etc.
  373. 217 No annual investment allowance or first-year allowance for B’s expenditure
  374. 218 Restriction on B’s qualifying expenditure: section 214 or 216
  375. 218ZA Restrictions on writing-down allowances: section 215
  376. 218ZB Disposal values: section 215
  377. 218A Further restriction on annual investment allowance
  378. 219 Meaning of “finance lease”
  379. 220 Allocation of expenditure to a chargeable period
  380. 221 Meaning of “sale and finance leaseback”
  381. 222 Disposal value restricted
  382. 223 No first-year allowance for B’s expenditure
  383. 224 Restriction on B’s qualifying expenditure
  384. 225 B’s qualifying expenditure if lessor not bearing non-compliance risk
  385. 226 Qualifying expenditure limited in subsequent transactions
  386. 227 Sale and leaseback: election for special treatment
  387. 228 Effect of election: relaxation of restriction on B’s qualifying expenditure, etc.
  388. 228A Application of sections 228B and 228C
  389. 228B S's income or profits etc: deductions
  390. 228C S's income or profits: termination of leaseback
  391. 228D Lessor’s income or profits
  392. 228E Lessor’s income or profits: termination of leaseback
  393. 228F Lease and finance leaseback
  394. 228G Leaseback not accounted for as finance lease in S's accounts
  395. 228H Sections 228A to 228G: supplementary
  396. 228J Plant or machinery subject to further operating lease
  397. 228K Disposal of plant or machinery subject to lease where income retained
  398. 228L Determining the net present value of the rentals for purposes of s.228K
  399. 228M Other definitions for the purposes of s.228K
  400. 228MA Restriction of qualifying expenditure
  401. 228MB Calculation of present value
  402. 228MC Rental rebate
  403. 229 Hire-purchase etc.
  404. 229A Transfer followed by hire-purchase etc: restrictions on hirer's allowances
  405. 230 Exception for manufacturers and suppliers
  406. 231 Adjustments of assessments etc.
  407. 232 Meaning of connected person
  408. 233 Additional VAT liabilities and rebates
  409. 234 Introduction
  410. 235 Additional VAT liability treated as qualifying expenditure
  411. 236 Additional VAT liability generates first-year allowance or annual investment allowance
  412. 237 Exceptions to section 236
  413. 238 Additional VAT rebate generates disposal value
  414. 239 Limit on disposal value where additional VAT rebate
  415. 240 Additional VAT liability
  416. 241 No annual investment allowance or first-year allowance in respect of additional VAT liability
  417. 242 Restriction on B’s qualifying expenditure: general
  418. 243 Restriction on B’s qualifying expenditure: sale and finance leaseback
  419. 244 B’s qualifying expenditure if lessor not bearing non-compliance risk
  420. 245 Effect of election under section 227 on additional VAT liability
  421. 246 Miscellaneous
  422. 247 Trades
  423. 248 ...UK property businesses
  424. 249 UK furnished holiday lettings businesses
  425. 250 ... Overseas property businesses
  426. 250A EEA furnished holiday lettings businesses
  427. 251 Professions and vocations
  428. 252 Mines, transport undertakings etc.
  429. 253 Companies with investment business
  430. 254 Introductory
  431. 255 Apportionment of allowances and charges
  432. 256 Different giving effect rules for BLAGAB
  433. 257 Supplementary
  434. 258 Special leasing: income tax
  435. 259 Special leasing: corporation tax (general)
  436. 260 Special leasing: corporation tax (excess allowance)
  437. 261 Special leasing: long-term business
  438. 261A Special leasing: leasing partnerships
  439. 262 Employments and offices
  440. 262A First-year tax credits
  441. 262AA Co-ownership schemes: carrying on qualifying activity
  442. 262AB Co-ownership schemes: election
  443. 262AC Co-ownership schemes: calculation of allowance after election
  444. 262AD Co-ownership schemes: effect of election for participants
  445. 262AE Co-ownership schemes: effect of election for purchasers
  446. 262AEA Co-ownership authorised contractual schemes: withdrawal of election
  447. 262AF Co-ownership schemes: definitions relating to schemes
  448. 263 Qualifying activities carried on in partnership
  449. 264 Partnership using property of a partner
  450. 265 Successions: general
  451. 266 Election where predecessor and successor are connected persons
  452. 267 Effect of election
  453. 267A Restriction on effect of election
  454. 268 Successions by beneficiaries
  455. 268A Meaning of “car” and “motor cycle”
  456. 268B Electrically-propelled vehicles
  457. 268C Terms relating to emissions
  458. 268D Hire cars for disabled persons
  459. 268E Meaning of “assigns”
  460. 269 Use of plant or machinery for business entertainment
  461. 270 Shares in plant or machinery
  462. 270AA Structures and buildings allowances
  463. 270AB Date on which construction begins
  464. 270BA Meaning of “qualifying expenditure”
  465. 270BB Capital expenditure incurred on construction
  466. 270BC Sale of unused buildings or structures (other than by a developer)
  467. 270BD Sale by a developer: unused buildings or structures
  468. 270BE Sale by a developer: used buildings or structures
  469. 270BF Meaning of references to carrying on trade as a developer
  470. 270BG Acquisition or alteration of land etc
  471. 270BH Market value rule
  472. 270BI Provision of plant or machinery
  473. 270BJ Expenditure on renovation, conversion or incidental repairs
  474. 270BK Preparation of sites
  475. 270BL Apportionment of sums partly referable to non-qualifying assets
  476. 270BM Evidence of the amount of expenditure
  477. 270BN Expenditure incurred before qualifying activity carried on
  478. 270BNA Meaning of “special tax site qualifying expenditure”
  479. 270BNB Apportionment
  480. 270BNC Power to amend meaning of “special tax site qualifying expenditure” etc
  481. 270CA Qualifying activities
  482. 270CB Property businesses
  483. 270CC Foreign permanent establishments
  484. 270CD Companies with investment business
  485. 270CE Qualifying use
  486. 270CF Exclusion: residential use
  487. 270CG Use for the purposes of a property business
  488. 270DA General rule as to what is the relevant interest
  489. 270DB Interest acquired on completion of construction
  490. 270DC Effect of creation of subordinate interest
  491. 270DD Leases granted for 35 years or more
  492. 270DE Merger of leasehold interest
  493. 270EA Proportionate adjustment in certain cases
  494. 270EB Multiple uses
  495. 270EC Research and development
  496. 270FA Carrying on of highway undertakings
  497. 270FB The relevant interest
  498. 270FC Cases where highway concession is to be treated as extended
  499. 270GA Introduction
  500. 270GB Additional VAT liabilities
  501. 270GC Additional VAT rebates
  502. 270GD Adjustment for pre-April 2020 allowance
  503. 270HA Trades
  504. 270HB ... UK property businesses and ... overseas property businesses
  505. 270HC Professions and vocations
  506. 270HD Mines, transport undertakings etc
  507. 270HE Companies with investment business
  508. 270HF Application of sections 270HG and 270HH
  509. 270HG Apportionment of allowances
  510. 270HH Different giving effect rules for BLAGAB
  511. 270HI Supplementary
  512. 270IA Evidence of qualifying expenditure etc
  513. 270IB Anti-avoidance: general
  514. 270IC Co-ownership schemes: carrying on qualifying activity
  515. 270ID Co-ownership schemes: election
  516. 270IE Co-ownership schemes: calculation of allowance after an election
  517. 270IF Co-ownership schemes: definitions relating to schemes
  518. 270IG Treatment of leases
  519. 270IH Meaning of “lease” etc
  520. 271 Industrial buildings allowances
  521. 272 Expenditure on the construction of a building
  522. 273 Preparation of sites for plant or machinery
  523. 274 Trades and undertakings which are “qualifying trades”
  524. 275 Building used for welfare of workers
  525. 276 Parts of trades and undertakings
  526. 277 Exclusion of dwelling-houses, retail shops, showrooms, hotels and offices etc.
  527. 278 Building used by more than one licensee
  528. 279 Qualifying hotels
  529. 280 Qualifying sports pavilions
  530. 281 Commercial buildings (enterprise zones)
  531. 282 Buildings outside the United Kingdom
  532. 283 Non-industrial part of building disregarded
  533. 284 Roads on industrial estates etc.
  534. 285 Cessation of use and temporary disuse of building
  535. 286 General rule as to what is the relevant interest
  536. 287 Interest acquired on completion of construction
  537. 288 Effect of creation of subordinate interest
  538. 289 Merger of leasehold interest
  539. 290 Election to treat grant of lease exceeding 50 years as sale
  540. 291 Supplementary provisions with respect to elections
  541. 292 Meaning of “qualifying expenditure”
  542. 293 Meaning of references to carrying on a trade as a developer
  543. 294 Capital expenditure on construction of a building
  544. 295 Purchase of unused building where developer not involved
  545. 296 Purchase of building which has been sold unused by developer
  546. 297 Purchase of used building from developer
  547. 298 The time limit for qualifying enterprise zone expenditure
  548. 299 Application of section 294
  549. 300 Application of sections 295 and 296
  550. 301 Purchase of building within 2 years of first use
  551. 302 Qualifying enterprise zone expenditure where section 295 or 296 applies
  552. 303 Purchase of building within 2 years of first use
  553. 304 Application of section 303 where developer involved
  554. 305 Initial allowances for qualifying enterprise zone expenditure
  555. 306 Amount of initial allowance and period for which allowance made
  556. 307 Building not industrial building when first used etc.
  557. 308 Grants affecting entitlement to initial allowances
  558. 309 Entitlement to writing-down allowance
  559. 310 Basic rule for calculating amount of allowance
  560. 311 Calculation of allowance after sale of relevant interest
  561. 312 Allowance limited to residue of qualifying expenditure
  562. 313 Meaning of “the residue of qualifying expenditure”
  563. 313A Calculation of allowance after sale of relevant interest: anti-avoidance
  564. 314 When balancing adjustments are made
  565. 315 Main balancing events
  566. 316 Proceeds from main balancing events
  567. 317 Balancing event where hotel not qualifying hotel for 2 years
  568. 318 Building an industrial building etc. throughout
  569. 319 Building not an industrial building etc. throughout
  570. 320 Overall limit on balancing charge
  571. 321 The relevant period of ownership
  572. 322 Starting expenditure
  573. 323 Adjusted net cost
  574. 324 Net allowances
  575. 325 Balancing allowances restricted where sale subject to subordinate interest
  576. 326 Interpretation of section 325
  577. 327 Capital value provisions: application of provisions
  578. 328 Balancing adjustment on realisation of capital value
  579. 329 Capital value that is attributable to subordinate interest
  580. 330 Exception for payments more than 7 years after agreement
  581. 331 Capital value provisions: interpretation
  582. 332 Introduction
  583. 333 Writing off initial allowances
  584. 334 Writing off writing-down allowances
  585. 335 Writing off research and development allowances
  586. 336 Writing off expenditure when building not an industrial building
  587. 337 Writing off or increase of expenditure where balancing adjustment made
  588. 338 Writing off capital value which has been realised
  589. 339 Crown or other person not within the charge to tax entitled to the relevant interest
  590. 340 Treatment of demolition costs
  591. 341 Carrying on of highway undertakings
  592. 342 The relevant interest
  593. 343 Balancing adjustment on ending of concession
  594. 344 Cases where highway concession is to be treated as extended
  595. 345 Introduction
  596. 346 Additional VAT liabilities and initial allowances
  597. 347 Additional VAT liabilities and writing-down allowances
  598. 348 Additional VAT liabilities and writing off initial allowances
  599. 349 Additional VAT rebates and writing-down allowances
  600. 350 Additional VAT rebates and balancing adjustments
  601. 351 Additional VAT rebates and writing off qualifying expenditure
  602. 352 Trades
  603. 353 Lessors and licensors
  604. 354 Buildings temporarily out of use
  605. 355 Buildings for miners etc.: carry-back of balancing allowances
  606. 356 Apportionment of sums partly referable to non-qualifying assets
  607. 357 Arrangements having an artificial effect on pricing
  608. 358 Requisitioned land
  609. 359 Provisions applying on termination of lease
  610. 360 Meaning of “lease” etc.
  611. 360A Business premises renovation allowances
  612. 360B Meaning of “qualifying expenditure”
  613. 360BA Expenditure not treated as qualifying expenditure if delay in carrying out works etc
  614. 360C Meaning of “qualifying building”
  615. 360D Meaning of “qualifying business premises”
  616. 360E General rule as to what is the relevant interest
  617. 360F Interest acquired on completion of conversion
  618. 360G Initial allowances
  619. 360H Premises not qualifying business premises or relevant interest sold before premises first used or let
  620. 360I Entitlement to writing-down allowances
  621. 360J Amount of allowance
  622. 360K Meaning of “ the residue of qualifying expenditure ”
  623. 360L Grants affecting entitlement to allowances
  624. 360M When balancing adjustments are made
  625. 360N Balancing events
  626. 360O Proceeds from balancing events
  627. 360P Calculation of balancing adjustments
  628. 360Q Introduction
  629. 360R Writing off initial allowances and writing-down allowances
  630. 360S Treatment of demolition costs
  631. 360T Introduction
  632. 360U Additional VAT liabilities and initial allowances
  633. 360V Additional VAT liabilities and writing-down allowances
  634. 360W Additional VAT liabilities and writing off initial allowances
  635. 360X Additional VAT rebates and balancing adjustments
  636. 360Y Additional VAT rebates and writing off qualifying expenditure
  637. 360Z Giving effect to allowances and charges: trades
  638. 360Z1 Giving effect to allowances and charges: lessors and licensees
  639. 360Z2 Apportionment of sums partly referable to non-qualifying assets
  640. 360Z3 Provisions applying on termination of lease
  641. 360Z4 Meaning of “lease” etc.
  642. 361 Agricultural buildings allowances
  643. 362 Meaning of “husbandry”
  644. 363 Expenditure on the construction of a building
  645. 364 General rule as to what is the relevant interest
  646. 365 Effect of creation of subordinate lease
  647. 366 Interest conveyed or assigned by way of security
  648. 367 Merger of leasehold interest
  649. 368 Provisions applying on ending of lease
  650. 369 Capital expenditure on construction of agricultural building
  651. 370 Purchase of relevant interest before first use of agricultural building
  652. 371 Different relevant interests in different parts of the related agricultural land
  653. 372 Entitlement to writing-down allowance
  654. 373 Basic rule for calculating amount of allowance
  655. 374 First use of building not for purposes of husbandry, etc.
  656. 375 Effect of acquisition of relevant interest after first use of building
  657. 376 Calculation of allowance after acquisition
  658. 377 Chargeable period when balancing adjustment made
  659. 378 Allowance limited to residue of qualifying expenditure
  660. 379 Final writing-down allowance
  661. 380 When balancing adjustments are made
  662. 381 Balancing events (on making an election)
  663. 382 Requirements as to elections
  664. 383 Proceeds from balancing events
  665. 384 Exclusion of proportion of proceeds
  666. 385 Calculation of balancing adjustment
  667. 386 The residue of qualifying expenditure
  668. 387 Overall limit on balancing charge
  669. 388 Acquisition of relevant interest in part of land, etc.
  670. 389 Balancing allowances restricted where sale subject to subordinate interest etc.
  671. 390 Interpretation of section 389
  672. 391 Trades
  673. 392 UK property businesses
  674. 393 Meaning of “freehold interest”, “lease”, etc.
  675. 394 Mineral extraction allowances
  676. 395 Qualifying expenditure
  677. 396 Meaning of “mineral exploration and access”
  678. 397 Meaning of “mineral asset”
  679. 398 Relationship between main types of qualifying expenditure
  680. 399 Expenditure excluded from being qualifying expenditure
  681. 400 Qualifying expenditure on mineral exploration and access
  682. 401 Pre-trading exploration expenditure
  683. 402 Pre-trading expenditure on plant or machinery
  684. 403 Qualifying expenditure on acquiring a mineral asset
  685. 404 Exclusion of undeveloped market value of land
  686. 405 Qualifying expenditure where buildings or structures cease to be used
  687. 406 Reduction where premium relief previously allowed
  688. 407 Acquisition of mineral asset owned by previous trader
  689. 408 Acquisition of oil licence from non-trader
  690. 409 Acquisition of other assets from non-traders
  691. 410 UK oil licence: limit is original licence payment
  692. 411 Assets generally: limit is residue of previous trader’s qualifying expenditure
  693. 412 Transfers of mineral assets within group: limit is initial group expenditure
  694. 413 Transfers of mineral assets within group: supplementary
  695. 414 Expenditure on works likely to become valueless
  696. 415 Contribution to buildings or works for benefit of employees abroad
  697. 416 Non-ring fence trades: expenditure on restoration within 3 years of ceasing to trade
  698. 416ZA Ring fence trades: expenditure on site restoration
  699. 416ZB “Notional accounting period”
  700. 416ZC Site restoration services supplied by connected person
  701. 416ZD Restriction on allowance available
  702. 416ZE Allowance where site restoration undertaken for other participators in oil field
  703. 416A First-year allowances available for certain types of qualifying expenditure
  704. 416B Expenditure incurred by company for purposes of a ring fence trade
  705. 416C Time when expenditure is incurred
  706. 416D First-year allowances
  707. 416E Artificially inflated claims for first-year allowances
  708. 417 Determination of entitlement or liability
  709. 418 Amount of allowances and charges
  710. 419 Unrelieved qualifying expenditure
  711. 419A Unrelieved qualifying expenditure: entry to cash basis
  712. 420 Meaning of “disposal receipt”
  713. 421 Disposal of, or ceasing to use, asset
  714. 422 Use of asset otherwise than for permitted development etc.
  715. 423 Sections 421 and 422: amount of disposal value to be brought into account
  716. 424 Disposal value restricted in case of interest in land
  717. 425 Receipt of capital sum
  718. 426 Pre-trading expenditure
  719. 427 Giving up exploration, search or inquiry
  720. 428 Ceasing to work mineral deposits
  721. 429 Buildings etc. for benefit of employees abroad ceasing to be used
  722. 430 Disposal of asset, etc.
  723. 431 Discontinuance of trade
  724. 431A Foreign permanent establishment exemption
  725. 431B Disposal value: no allowance/no charge cases
  726. 431C Notional allowances
  727. 431D Persons leaving cash basis
  728. 432 Giving effect to allowances and charges
  729. 433 Treatment of demolition costs
  730. 434 Time when expenditure incurred
  731. 435 Shares in assets
  732. 436 Meaning of “development” etc.
  733. 437 Research and development allowances
  734. 438 Expenditure on research and development
  735. 439 Qualifying expenditure
  736. 439A Qualifying expenditure incurred for purposes of NI rate activity
  737. 440 Excluded expenditure: land
  738. 441 Allowances
  739. 442 Balancing charges
  740. 443 Disposal values and disposal events
  741. 444 Disposal events: chargeable period for which disposal value is to be brought into account
  742. 445 Costs of demolition
  743. 446 Introduction
  744. 447 Additional VAT liability treated as additional expenditure etc.
  745. 448 Additional VAT rebate generates disposal value
  746. 449 Effect on balancing charges of additional VAT rebates in earlier chargeable periods
  747. 450 Giving effect to allowances and charges
  748. 451 Sales: time of cessation of ownership
  749. 452 Know-how allowances
  750. 453 Know-how as property
  751. 454 Qualifying expenditure
  752. 455 Excluded expenditure
  753. 456 Pooling of expenditure
  754. 457 Determination of entitlement or liability
  755. 458 Amount of allowances and charges
  756. 459 Available qualifying expenditure
  757. 460 Allocation of qualifying expenditure to pools
  758. 461 Unrelieved qualifying expenditure
  759. 461A Unrelieved qualifying expenditure: entry to cash basis
  760. 462 Disposal values
  761. 462A Persons leaving cash basis
  762. 463 Giving effect to allowances and charges
  763. 464 Patent allowances
  764. 465 Future patent rights
  765. 466 Grant of licences
  766. 467 Qualifying expenditure
  767. 468 Qualifying trade expenditure
  768. 469 Qualifying non-trade expenditure
  769. 470 Pooling of expenditure
  770. 471 Determination of entitlement or liability
  771. 472 Amount of allowances and charges
  772. 473 Available qualifying expenditure
  773. 474 Allocation of qualifying expenditure to pools
  774. 475 Unrelieved qualifying expenditure
  775. 475A Unrelieved qualifying expenditure: entry to cash basis
  776. 476 Disposal value of patent rights
  777. 477 Limit on amount of disposal value
  778. 477A Persons leaving cash basis
  779. 478 Persons having qualifying trade expenditure
  780. 479 Persons having qualifying non-trade expenditure: income tax
  781. 480 Persons having qualifying non-trade expenditure: corporation tax
  782. 481 Anti-avoidance: limit on qualifying expenditure
  783. 482 Sums paid for Crown use etc. treated as paid under licence
  784. 483 Meaning of “income from patents”
  785. 484 Dredging allowances
  786. 485 Qualifying expenditure
  787. 486 Pre-trading expenditure of qualifying trades, etc.
  788. 487 Writing-down allowances
  789. 488 Balancing allowances
  790. 489 Giving effect to allowances
  791. 490 Assured tenancy allowances
  792. 491 Allowances available in relation to old expenditure only
  793. 492 Meaning of “approved body”
  794. 493 Expenditure on the construction of a building
  795. 494 Introduction
  796. 495 General rule as to what is the relevant interest in the building
  797. 496 Interest acquired on completion of construction
  798. 497 Effect of creation of subordinate interest
  799. 498 Merger of leasehold interest
  800. 499 Provisions applying on termination of lease
  801. 500 The relevant interest in the dwelling-house
  802. 501 Capital expenditure on construction
  803. 502 Purchase of unused dwelling-house where developer not involved
  804. 503 Purchase of dwelling-house sold unused by developer
  805. 504 Requirements relating to the landlord
  806. 505 Qualifying dwelling-houses: exclusions
  807. 506 Dwelling-house ceasing to be qualifying dwelling-house
  808. 507 Entitlement to writing-down allowance
  809. 508 Basic rule for calculating amount of allowance
  810. 509 Calculation of allowance after sale of relevant interest
  811. 510 Allowance limited to residue of qualifying expenditure attributable to dwelling-house
  812. 511 Qualifying expenditure attributable to dwelling-house
  813. 512 Residue of qualifying expenditure attributable to dwelling-house
  814. 513 When balancing adjustments are made
  815. 514 Balancing events
  816. 515 Proceeds from balancing events
  817. 516 Dwelling-house a qualifying dwelling-house throughout
  818. 517 Dwelling-house not a qualifying dwelling-house throughout
  819. 518 Overall limit on balancing charge
  820. 519 Recovery of old initial allowances made on incorrect assumptions
  821. 520 The relevant period of ownership
  822. 521 Starting expenditure
  823. 522 Adjusted net cost
  824. 523 Introduction
  825. 524 Writing off initial allowances
  826. 525 Writing off writing-down allowances
  827. 526 Writing off expenditure for periods when building not used as qualifying dwelling-house
  828. 527 Writing off or increase of expenditure where balancing adjustment made
  829. 528 Treatment of demolition costs
  830. 529 Giving effect to allowances and charges
  831. 530 Apportionment of sums partly referable to non-qualifying assets
  832. 531 Meaning of “dwelling-house”, “lease” etc.
  833. 532 The general rule excluding contributions
  834. 533 Exclusion of contributions to dredging
  835. 534 Northern Ireland regional development grants
  836. 535 Insurance or compensation money
  837. 536 Contributions not made by public bodies and not eligible for tax relief
  838. 537 Conditions for contribution allowances under Parts 2, 2A ... and 5
  839. 538 Plant and machinery
  840. 538A Buildings and structures
  841. 539 Industrial buildings
  842. 540 Agricultural buildings
  843. 541 Mineral extraction
  844. 542 Transfer of C’s trade ...
  845. 543 Contribution allowances under Part 9
  846. 544 Management assets
  847. 545 Investment assets
  848. 546 Introduction
  849. 547 “Additional VAT liability” and “additional VAT rebate”
  850. 548 Time when additional VAT liability or rebate is incurred or made
  851. 549 Chargeable period in which, and time when, additional VAT liability or rebate accrues
  852. 550 Apportionment of additional VAT liabilities and rebates
  853. 551 Supplementary
  854. 552 Meaning of “oil licence” and “interest in an oil licence”
  855. 553 Consideration to be treated as nil
  856. 554 Circumstances in which oil licence relates to undeveloped area
  857. 555 Disposal of oil licence with exploitation value
  858. 556 Minor definitions
  859. 557 Application of sections 558 and 559
  860. 558 Effect of partnership changes
  861. 559 Effect of successions
  862. 560 Transfer of insurance company business
  863. 560A Transfers of trade without a change of ownership
  864. 561 Transfer or division of UK business
  865. 561A Transfer of asset by reason of cross-border merger
  866. 562 Apportionment where property sold together
  867. 563 Procedure for determining certain questions affecting one or more persons
  868. 564 Questions to which procedure in section 563 applies
  869. 565 Tax agreements for income tax purposes
  870. 566 Companies not resident in the United Kingdom
  871. 567 Sales treated as being for alternative amount: introductory
  872. 568 Sales treated as being at market value
  873. 569 Election to treat sale as being for alternative amount
  874. 570 Elections: supplementary
  875. 570A Avoidance affecting proceeds of balancing event
  876. 570B Orders and regulations made by Treasury or Commissioners
  877. 571 Application of Act to parts of assets
  878. 572 References to sale of property and time of sale
  879. 573 Transfers treated as sales
  880. 573A Special tax sites
  881. 574 Meaning of “control”
  882. 575 Meaning of “connected” persons
  883. 575A Section 575: supplementary
  884. 576 Meaning of “the Inland Revenue” etc.
  885. 577 Other definitions
  886. 578 Consequential amendments
  887. 579 Commencement and transitional provisions and savings
  888. 580 Repeals
  889. 581 Citation
  890. Schedule 1 Abbreviations and defined expressions
  891. Schedule 2 Consequential amendments
  892. Schedule 3 Transitionals and savings
  893. Schedule 4 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

893 provisions

262AA Co-ownership schemes: carrying on qualifying activity

(1) This section applies where the participants in a co-ownership ... contractual scheme together carry on a qualifying activity. (2) Each participant in the scheme is for the purposes of this Part to be regarded as carrying on the qualifying activity. (3) Subsection (2) applies in relation to a participant only to the extent that the profits or gains arising to the participant from the qualifying activity are, or (if there were any) would be, chargeable to tax. (4) But in determining for the purposes of subsection (1) whether or to what extent the participants in a co-ownership ... contractual scheme together carry on a qualifying activity, assume that profits or gains arising to all participants from the qualifying activity are, or (if there were any) would be, chargeable to tax.

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262AB Co-ownership schemes: election

(1) The operator of a co-ownership ... contractual scheme may make an election under this section. (2) The election must specify an accounting period of the scheme as the first accounting period in relation to which the election has effect. (3) That first accounting period must not— (a) be longer than 12 months, or (b) begin before 1 April 2017 in the case of a co-ownership contractual scheme which is a co-ownership authorised contractual scheme, or the date on which the Co-ownership Contractual Schemes (Tax) Regulations 2025 come into force in the case of a co-ownership contractual scheme which is a Reserved Investor Fund (Contractual Scheme). (4) The election has effect for that first accounting period and all subsequent accounting periods of the scheme. (5) The election is irrevocable (subject to section 262AEA in the case of a co-ownership authorised contractual scheme). (5A) An election under this section in respect of a Reserved Investor Fund (Contractual Scheme) continues unaffected for so long as the scheme is— (a) a Reserved Investor Fund (Contractual Scheme), (b) a co-ownership authorised contractual scheme, or (c) an unauthorised co-ownership contractual scheme, and the application of this Chapter in respect of the scheme is not affected by any change in the nature of the scheme so long as it remains of a type set out in paragraphs (a) to (c). (6) The election is made by notice to an officer of Revenue and Customs. (7) See sections 262AC to 262AE and sections 270ID and 270IE for provision about the effect of an election.

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262AC Co-ownership schemes: calculation of allowance after election

(1) This section applies where an election under section 262AB has effect for an accounting period of a co-ownership ... contractual scheme (“the relevant period”). (2) The operator of the scheme is to calculate the allowances that would be available to the scheme under this Part in relation to the relevant period on the basis of the assumptions in subsection (3). (3) The assumptions are— (a) the scheme is a person; (b) the relevant period is a chargeable period for the purposes of this Act; (c) any qualifying activity carried on by the participants in the scheme together is carried on by the scheme; (d) property which was subject to the scheme at the beginning of the first accounting period for which the election has effect— (i) ceased to be owned by the participants at that time, and (ii) was acquired by the scheme at that time; (e) the disposal value to be brought into account in relation to the cessation of ownership and the acquisition referred to in paragraph (d) is the tax written-down value; (f) any property which became subject to the scheme at a time during an accounting period for which the election has effect was acquired by the scheme at that time; (g) property which ceased to be subject to the scheme at any such time ceased to be owned by the scheme at that time; (h) the disposal value to be brought into account in relation to the cessation of ownership referred to in paragraph (g) is the tax written-down value; (i) the scheme is not entitled to a first-year allowance or an annual investment allowance in respect of any expenditure. (4) The operator of the co-ownership ... contractual scheme must allocate to each participant in the scheme a proportion (which may be zero) of the allowances calculated under this section. (5) The allocation is to be on the basis of what is just and reasonable. (6) In determining what is just and reasonable— (a) regard is to be had in particular to the relative size of each participant's holding of units in the scheme; (b) no regard is to be had to— (i) whether or to what extent a participant is liable to income tax or corporation tax, or (ii) any other circumstances relating to a participant's liability to tax. (7) If the participants in the scheme together carry on more than one qualifying activity, the calculation and allocation under this section are to be made separately for each activity. (8) The proportion of an allowance allocated by the operator to a participant under this section for a qualifying activity is the total amount of the allowance available to the participant under this Part in relation to the relevant period by virtue of carrying on that activity as a participant in the scheme. (9) In this section “tax written-down value”, in relation to any cessation of ownership or acquisition, means such amount as would give rise to neither a balancing allowance nor a balancing charge. (10) For the purposes of subsection (9) assume that expenditure to which the disposal value relates is in its own pool. (11) For the purposes of subsections (3)(c) and (9), assume that profits or gains arising to all participants from the qualifying activity are, or (if there were any) would be, chargeable to tax.

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262AD Co-ownership schemes: effect of election for participants

(1) This section has effect where an election under section 262AB is made by the operator of a co-ownership ... contractual scheme. (2) For the purposes of sections 61(1) and 196(1) (disposal events and values)— (a) a participant in the scheme is to be regarded as ceasing to own the participant's interest in the property subject to the scheme at the beginning of the first accounting period of the scheme for which the election has effect, and (b) the disposal value to be brought into account in relation to that cessation of ownership is the tax written-down value. (3) In subsection (2)(b) “tax written-down value” means such amount as would give rise to neither a balancing allowance nor a balancing charge. (4) For the purposes of subsection (3) assume that— (a) expenditure to which the disposal value relates is in its own pool; (b) profits or gains arising to all participants from the qualifying activity are, or (if there were any) would be, chargeable to tax.

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262AE Co-ownership schemes: effect of election for purchasers

(1) This section has effect where— (a) an election under section 262AB is made by the operator of a co-ownership ... contractual scheme, (b) property consisting of a fixture ceased to be subject to the scheme at any time in an accounting period for which the election has effect, (c) in a calculation made by the operator of the scheme under section 262AC(2) the assumption in section 262AC(3)(g) was made in relation to that fixture, and (d) a person (“the current owner”) is treated as the owner of the fixture as a result of incurring capital expenditure on its provision (“the new expenditure”). (2) In determining the current owner's qualifying expenditure— (a) if the disposal value statement requirement is not satisfied, the new expenditure is to be treated as nil, and (b) in any other case, any amount of the new expenditure which exceeds the assumed disposal value is to be left out of account (or, if such an amount has already been taken into account, is to be treated as an amount that should never have been taken into account). (3) The disposal value statement requirement is that— (a) the operator of the scheme has, no later than 2 years after the date when the fixture ceased to be property subject to the scheme, made a written statement of the assumed disposal value, and (b) the current owner has obtained that statement or a copy of it (directly or indirectly) from the operator of the scheme. (4) Sections 185 (fixture on which a plant and machinery allowance has been claimed) and 187A (effect of changes in ownership of fixture) do not apply in relation to the new expenditure. (5) In this section “assumed disposal value” means the disposal value that, in making the calculation referred to in subsection (1)(c), was assumed to be brought into account pursuant to section 262AC(3)(h).

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262AEA Co-ownership authorised contractual schemes: withdrawal of election

(1) This section applies if— (a) an election under section 262AB has been made in relation to a co-ownership authorised contractual scheme before the relevant date (within the meaning of section 270ID(8)), and (b) an allowance under Part 2A (structures and buildings allowances) is available by reference to a building or structure which is subject to the scheme. (2) The operator of the scheme may, by notice to an officer of Revenue and Customs, withdraw the election. (3) The notice of withdrawal may not be given more than 12 months after the end of the accounting period in which the building or structure mentioned in subsection (1)(b) is first brought into qualifying use for the purposes of that Part. (4) The election ceases to have effect for the accounting period in which the notice of withdrawal is given and all subsequent accounting periods of the scheme. (5) If an election is withdrawn under this section— (a) the property which was subject to the scheme at the beginning of the accounting period in which the notice of withdrawal is given is treated for the purposes of this Part— (i) as ceasing to be owned by the scheme at that time, and (ii) as being acquired by the participants at that time in such proportions as are just and reasonable, and (b) the disposal value to be brought into account in relation to the cessation of ownership is the tax written-down value. (6) Subsections (6) and (9) to (11) of section 262AC apply for the purposes of this section as they apply for the purposes of that section.

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262AF Co-ownership schemes: definitions relating to schemes

In sections 262AA to 262AE and this section— “co-ownership authorised contractual scheme” means a co-ownership scheme which is authorised for the purposes of the Financial Services and Markets Act 2000 by an authorisation order in force under section 261D(1) of that Act; “co-ownership contractual scheme” means— a co-ownership authorised contractual scheme, or a Reserved Investor Fund (Contractual Scheme); “co-ownership scheme” has the same meaning as in Part 17 of that Act (see section 235A(2) of that Act); “operator” and “units”, in relation to a co-ownership ...contractual scheme, have the meanings given by section 237(2) of that Act; “participant”, in relation to such a scheme, is to be read in accordance with section 235 of that Act. “Reserved Investor Fund (Contractual Scheme)” has the meaning given by section 20 of F(No.2)A 2024; “unauthorised co-ownership contractual scheme” means a co-ownership scheme which is not a co-ownership contractual scheme.

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263 Qualifying activities carried on in partnership

(1) This section applies if— (a) a qualifying activity has been set up and is at any time carried on in partnership, (b) there has been a change in the persons engaged in carrying on the qualifying activity, and (c) if the qualifying activity is a trade or property business, the condition in subsection (1A) or (1B) (whichever is appropriate) is met. (1A) For income tax purposes, the condition is that a person carrying on the trade or property business immediately before the change continues to carry it on after the change. (1B) For corporation tax purposes, the condition is that a company carrying on the trade or property business in partnership immediately before the change continues to carry it on in partnership after the change. (2) In this section— “the present partners” means the person or persons for the time being carrying on the qualifying activity, “the partners at the time of the event” means the person or persons carrying on the qualifying activity at the time of the event in question, “predecessors”— in relation to the present partners, means their predecessors in carrying on the qualifying activity, and in relation to the partners at the time of the event, means their predecessors in carrying on the qualifying activity, and “qualifying activity”— does not include an employment or office, but includes any other activity listed in section 15(1) even if any profits or gains from it are not chargeable to tax. (3) Any annual investment allowance, first-year allowance or writing-down allowance under this Part is to be made to the present partners. (4) The amount of any allowance arising under subsection (3) is to be calculated as if— (a) the present partners had at all times been carrying on the qualifying activity, and (b) everything done to or by their predecessors in carrying on the qualifying activity had been done to or by the present partners. (5) If any event occurs which gives rise or may give rise to a balancing allowance or a balancing charge under this Part, the allowance or charge is to be made to or on the partners at the time of the event. (6) The amount of any allowance or charge arising under subsection (5) is to be calculated as if— (a) the partners at the time of the event had at all times been carrying on the qualifying activity, and (b) everything done to or by their predecessors in carrying on the qualifying activity had been done to or by the partners at the time of the event.

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264 Partnership using property of a partner

(1) Subsection (2) applies if— (a) a qualifying activity is carried on in partnership, (b) plant or machinery is used for the purposes of the qualifying activity, and (c) the plant or machinery is owned by one or more of the partners but is not partnership property. (2) The same allowances, deductions and charges are to be made under this Part in respect of the plant or machinery as would fall to be made if— (a) the plant or machinery had at all material times been owned by all the partners and been partnership property, and (b) everything done by or to any of the partners in relation to that plant or machinery had been done by or to all the partners. (3) The disposal value of plant or machinery is not required to be brought into account if— (a) the plant or machinery is used for the purposes of a qualifying activity carried on in partnership, (b) a sale or gift of the plant or machinery is made by one or more of the partners to one or more of the partners, and (c) the plant or machinery continues to be used after the sale or gift for the purposes of the qualifying activity. (4) The references in this section to use for the purposes of a qualifying activity do not include use— (a) as a result of a letting by the partner or partners in question to the partnership, or (b) in consideration of the making to the partner or partners in question of any payment which may be deducted in calculating the profits of the qualifying activity.

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265 Successions: general

(1) This section applies if— (a) a person (“the successor”) succeeds to a qualifying activity which until that time was carried on by another person (“the predecessor”), and (b) if the qualifying activity is a trade or property business, the condition in subsection (1A) or (1B) (whichever is appropriate) is met. (1A) For income tax purposes, the condition is that no person carrying on the trade or property business immediately before the succession continues to carry it on after the succession. (1B) For corporation tax purposes, the condition is that no company carrying on the trade or property business in partnership immediately before the succession continues to carry it on in partnership after the succession. (2) Relevant property is to be treated for the purposes of this Part as if— (a) it had been sold to the successor when the succession takes place, and (b) the net proceeds of the sale were the market value of the property. (3) “Relevant property” means any property which— (a) immediately before the succession, was owned by the predecessor and was either in use or provided and available for use for the purposes of the discontinued qualifying activity, and (b) immediately after the succession, and without being sold, is either in use or provided and available for use for the purposes of the new qualifying activity. (4) No entitlement to an annual investment allowance or a first-year allowance arises under this section. (5) In this section “qualifying activity”— (a) does not include an employment or office, but (b) includes any other activity listed in section 15(1) even if any profits or gains from it are not chargeable to tax.

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266 Election where predecessor and successor are connected persons

(1) This section applies if a person (“the successor”) succeeds to a qualifying activity which was until that time carried on by another person (“the predecessor”) and— (a) the two persons are connected with each other, (b) each of them is within the charge to tax on the profits of the qualifying activity, and (c) the successor is not a dual resident investing company. (2) If this section applies, the predecessor and the successor may jointly elect for the provisions of section 267 to have effect. (3) The election may be made whether or not any plant or machinery has actually been sold or transferred. (4) The election must be made by notice to the an officer of Revenue and Customs within 2 years after the date on which the succession takes effect. (5) For the purposes of this section, the predecessor and the successor are connected with each other if any of the following conditions is met— (a) they would be treated as connected persons under section 575; (b) one of them is a partnership and the other has the right to a share in that partnership; (c) one of them is a body corporate and the other has control over that body; (d) both of them are partnerships and another person has the right to a share in both of them; (e) both of them are bodies corporate, or one of them is a partnership and the other is a body corporate, and (in either case) another person has control over both of them. (6) In subsection (5) any reference to a right to a share in a partnership is to be read as a reference to a right to a share of the assets or income of the partnership. (7) Sections 104E, 108 and 265 (disposal value in connection with special rate expenditure, effect of disposal to connected person on overseas leasing pool and general provisions about successions) do not apply if an election is made under this section (but see section 267A). (8) This section does not apply if section 561 applies (transfer or division of UK business).

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267 Effect of election

(1) If an election is made under section 266, the following provisions have effect. (2) For the purposes of making allowances and charges under this Part, relevant plant or machinery is treated as sold by the predecessor to the successor— (a) when the succession takes place, and (b) at a price which gives rise to neither a balancing allowance nor a balancing charge. (3) “Relevant plant or machinery” means any plant or machinery which— (a) immediately before the succession, was owned by the predecessor, and was either in use or provided and available for use for the purposes of the qualifying activity, and (b) immediately after the succession, is owned by the successor, and is either in use or provided and available for use for the purposes of the qualifying activity. (4) Allowances and charges are to be made under this Part to or on the successor as if everything done to or by the predecessor had been done to or by the successor. (5) All such assessments and adjustments of assessments are to be made as are necessary to give effect to the election. (6) This section is subject to section 267A.

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267A Restriction on effect of election

(1) This section applies for corporation tax purposes if— (a) on any day (“the relevant day”) a person (“the predecessor”) carries on a business of leasing plant or machinery, (b) on the relevant day another person (“the successor”) succeeds to the business, and (c) the predecessor and the successor make an election under section 266. (2) Neither— (a) section 266(7), nor (b) the provisions of section 267, have effect in relation to any plant or machinery which, in determining whether the business is a business of leasing plant or machinery on the relevant day, falls within section 387(7) of CTA 2010 (if the business is carried on otherwise than in partnership) or within section 410(6) of that Act (if the business is carried on in partnership). (3) In this section “business of leasing plant or machinery”— (a) has the same meaning as in Chapter 3 of Part 9 of CTA 2010 (if the business is carried on otherwise than in partnership), or (b) has the same meaning as in Chapter 4 of that Part (if the business is carried on in partnership).

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268 Successions by beneficiaries

(1) This section applies if— (a) a person succeeds to a qualifying activity as a beneficiary under the will or on the intestacy of a deceased person who carried on the qualifying activity, (b) all of the persons carrying on the qualifying activity before the succession permanently cease to carry it on, and (c) the beneficiary elects by notice to an officer of Revenue and Customs for this section to apply. (2) In relation to the succession and any previous succession occurring on or after the death of the deceased, relevant plant or machinery is treated as if it had been sold to the beneficiary when the succession takes place. (3) The net proceeds of the sale are treated as being the lesser of— (a) the market value of the plant or machinery, and (b) the unrelieved qualifying expenditure which would have been taken into account in calculating the amount of a balancing allowance for the appropriate chargeable period if the disposal value of the plant or machinery had been nil. “Appropriate chargeable period” means the chargeable period in which the deceased person’s qualifying activity was permanently discontinued. (4) “Relevant plant or machinery” means plant or machinery which— (a) was previously owned by the deceased, (b) passes to the beneficiary with the qualifying activity, and (c) is either used or provided and available for use by the beneficiary for the purposes of the qualifying activity. (5) Subsections (6) and (7) apply if the beneficiary is required to bring a disposal value into account in respect of relevant plant or machinery. (6) The provisions limiting the amount of the disposal value of property, that is— (a) section 62 (limit on disposal value: general), and (b) section 239 (limit on disposal value where additional VAT rebate), apply in relation to the beneficiary to limit the disposal value by reference to expenditure incurred by the deceased or additional VAT rebates made to the deceased. (7) Section 73 (limit on disposal value: software and rights to software) applies as if the previous disposal values to be taken into account in determining whether the limit under those provisions is exceeded were those of the deceased. (8) In this section “qualifying activity”— (a) does not include an employment or office, but (b) includes any other activity listed in section 15(1) even if any profits or gains from it are not chargeable to tax.

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268A Meaning of “car” and “motor cycle”

(1) In this Part “car” means a mechanically propelled road vehicle other than— (a) a motor cycle, (b) a vehicle of a construction primarily suited for the conveyance of goods or burden of any description, or (c) a vehicle of a type not commonly used as a private vehicle and unsuitable for such use. (2) In this Part “motor cycle” has the meaning given by section 185(1) of the Road Traffic Act 1988.

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268B Electrically-propelled vehicles

For the purposes of this Part a vehicle is electrically-propelled only if— (a) it is propelled solely by electrical power, and (b) that power is derived from— (i) a source external to the vehicle, or (ii) an electrical storage battery which is not connected to any source of power when the vehicle is in motion.

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268C Terms relating to emissions

(1) In this Part “qualifying emissions certificate”, in relation to a vehicle, means a certificate or other document on the basis of which the vehicle is registered that specifies— (a) in the case of a vehicle other than a bi-fuel vehicle, a CO2 emissions figure in terms of grams per kilometre driven, or (b) in the case of a bi-fuel vehicle, separate CO2 emissions figures in terms of grams per kilometre driven for different fuels. (2) For the purposes of this Part, and subject to subsection (3A), in relation to a vehicle other than a bi-fuel vehicle, the applicable CO2 emissions figure is— (a) where the qualifying emissions certificate specifies only one CO2 emissions figure, that figure, and (b) where the certificate specifies more than one CO2 emissions figure, the figure specified as the CO2 emissions (combined) figure. (3) For the purposes of this Part, and subject to subsection (3A), in relation to a bi-fuel vehicle, the applicable CO2 emissions figure is— (a) where the qualifying emissions certificate specifies more than one CO2 emissions figure in relation to each fuel, the lowest CO2 emissions (combined) figure specified, and (b) in any other case, the lowest CO2 figure specified by the certificate. (3A) For the purposes of determining the vehicle’s CO2 emissions figure in a case where the vehicle is first registered on or after IP completion day, ignore any values specified in the qualifying emissions certificate that are not WLTP (worldwide harmonised light vehicle test procedures) values. (4) In this section— “bi-fuel”, in relation to a vehicle, means capable of being propelled by— petrol and road fuel gas, or diesel and road fuel gas; “diesel” means any diesel fuel within the definition in Article 2 of Directive 98/70/EC of the European Parliament and of the Council; ... “petrol” has the meaning given by Article 2 of Directive 98/70/EC of the European Parliament and of the Council; “road fuel gas” has the same meaning as in section 171(1) of ITEPA 2003; ...

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268D Hire cars for disabled persons

(1) For the purposes of this Part a car is a hire car for a disabled person if it is provided wholly or mainly for hire to, or the carriage of, disabled persons in the ordinary course of a trade. (2) “Disabled person” means a person in receipt of— (a) a disability living allowance under— (i) the Social Security Contributions and Benefits Act 1992, or (ii) the Social Security Contributions and Benefits (Northern Ireland) Act 1992, because of entitlement to the mobility component, (aa) personal independence payment under the Welfare Reform Act 2012, or the corresponding provision having effect in Northern Ireland, because of entitlement to the mobility component, (aaa) a category of disability assistance, given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018, because of entitlement to a mobility component, (ab) armed forces independence payment under a scheme established under section 1 of the Armed Forces (Pensions and Compensation) Act 2004, (b) a mobility supplement under a scheme made under the Personal Injuries (Emergency Provisions) Act 1939, (c) a mobility supplement under an Order in Council made under section 12 of the Social Security (Miscellaneous Provisions) Act 1977, or (d) a payment that appears to the Treasury to be similar to those mentioned in paragraphs (a) to (c) and that is specified by order made by the Treasury.

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268E Meaning of “assigns”

(1) For the purposes of this Part— (a) a person (“A”) is taken to assign the benefit of a contract, or rights under a contract, to another person (“B”) whenever B becomes entitled, and A ceases to be entitled, to the benefit or rights (whether by assignment, novation, variation or replacement of the contract, by operation of law or otherwise), and (b) references to an assignment are to be read accordingly. (2) Any reference in this Part to the benefit of a contract or to rights under a contract includes a reference to part of the benefit of a contract or to part of the rights under a contract.

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269 Use of plant or machinery for business entertainment

(1) If— (a) a person carrying on a qualifying activity, or (b) an employee of that person, provides business entertainment in connection with that activity, the use of plant or machinery for providing the entertainment is to be treated as use for purposes other than those of that activity. (2) For the purposes of this section— (a) “entertainment” includes hospitality of any kind, and (b) the use of an asset for providing entertainment includes the use of an asset for providing anything incidental to the entertainment. (3) “Business entertainment” does not include anything provided by a person for employees unless its provision for them is incidental to its provision for others. (4) “Business entertainment” does not include the use of plant or machinery for the provision of anything by a person if— (a) it is a function of that person’s qualifying activity to provide it, and (b) it is provided by that person in the ordinary course of that qualifying activity— (i) for payment, or (ii) free of charge with the object of advertising to the public generally. (5) For the purposes of this section— (a) directors of a company, or (b) persons engaged in the management of a company, are to be regarded as employed by the company.

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270 Shares in plant or machinery

(1) This Part applies in relation to a share in plant or machinery as it applies (under section 571) in relation to a part of plant or machinery. (2) For the purposes of this Part, a share in plant or machinery is treated as used for the purposes of a qualifying activity so long as, and only so long as, the plant or machinery is used for the purposes of the qualifying activity.

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270AA Structures and buildings allowances

(1) This Part applies if— (a) the construction of a building or structure begins on or after 29 October 2018, (b) qualifying expenditure is incurred, on or after that date, on its construction or acquisition, and (c) the first use of the building or structure, after the qualifying expenditure is incurred, is non-residential use. (2) A person is entitled to an allowance, in relation to a qualifying activity, for a chargeable period if— (a) in respect of any day during that chargeable period— (i) the person has the relevant interest in the building or structure in relation to the qualifying expenditure, and (ii) the building or structure is in non-residential use; and (b) the beginning of that day falls— (i) on or after the later of the day on which the building or structure is first brought into qualifying use by the person and the day on which the qualifying expenditure is incurred (in either case, whether the day is in the same or an earlier chargeable period), and (ii) within the period of the length specified in subsection (2A), beginning with the later of the day on which the building or structure is first brought into non-residential use and the day on which the qualifying expenditure is incurred. (2A) The length of the period referred to in subsection (2)(b)(ii) is— (a) in the case of special tax site qualifying expenditure, 10 years, and (b) in the case of other qualifying expenditure, 33 1/3 years. (3) A building or structure which— (a) is not in use, but (b) was, immediately before it fell into disuse, in non-residential use, is treated, for the purposes of subsection (2)(a)(ii), as continuing to be in non-residential use. (4) A person ceases to be entitled to an allowance under this section if the building or structure is demolished. (5) The basic rule is that the allowance, in relation to a qualifying activity, for a chargeable period of one year is — (a) in the case of special tax site qualifying expenditure, 10% of the expenditure, and (b) in the case of other qualifying expenditure, 3% of the expenditure. (6) In this section— “special tax site qualifying expenditure” has the meaning given by section 270BNA; “qualifying activity” has the meaning given by section 270CA; “qualifying expenditure” has the meaning given by section 270BA; “qualifying use” has the meaning given by section 270CE; “relevant interest” is to be construed in accordance with Chapter 4; “residential use” and “non-residential use” have the meaning given by section 270CF. (7) This section is subject to the following provisions of this Part.

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270AB Date on which construction begins

For the purposes of section 270AA(1)(a), the construction of a building or structure is treated as beginning before 29 October 2018 if any contract for works to be carried out in the course of the construction of that particular building or structure (whether or not the contract also relates to the construction of other buildings or structures) is entered into before that date.

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270BA Meaning of “qualifying expenditure”

In this Part “qualifying expenditure” means expenditure which— (a) is qualifying capital expenditure under any of sections 270BB to 270BE (expenditure on construction or purchase), and (b) is not excluded expenditure under— (i) section 270BG (acquisition or alteration of land), (ii) section 270BH (market value rule), or (iii) section 270BI (provision of plant or machinery).

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270BB Capital expenditure incurred on construction

(1) If— (a) capital expenditure is incurred on the construction of a building or structure, and (b) the relevant interest in the building or structure has not been sold or, if it has been sold, it has been sold only after the building or structure has been brought into non-residential use, the capital expenditure is qualifying capital expenditure. (2) Subsection (3) applies where capital expenditure as mentioned in subsection (1)(a) is incurred in relation to a building or structure— (a) after it has been brought into non-residential use, and (b) on different days (whether or not in the same chargeable period). (3) The expenditure may be treated for the purposes of this Part as being incurred— (a) on the latest day on which qualifying capital expenditure on the construction is incurred, (b) on the first day of the chargeable period following the period in which the day mentioned in paragraph (a) falls, or (c) on the first day of the chargeable period following the period in which the day on which the expenditure is incurred falls.

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270BC Sale of unused buildings or structures (other than by a developer)

(1) This section applies if— (a) capital expenditure is incurred on the construction of a building or structure, (b) the relevant interest in the building or structure is sold before the building or structure is first used, (c) a capital sum is paid by the purchaser for the relevant interest, and (d) section 270BD (sale by a developer: unused buildings or structures) does not apply. (2) The lesser of— (a) the capital sum paid by the purchaser for the relevant interest, and (b) the capital expenditure incurred on the construction, is qualifying capital expenditure. (3) Where this section applies, the qualifying expenditure is to be treated as incurred by the purchaser when the capital sum is paid. (4) If the relevant interest is sold more than once before the building or structure is first used, subsection (2) has effect only in relation to the last of those sales.

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270BD Sale by a developer: unused buildings or structures

(1) This section applies if— (a) expenditure is incurred by a developer on the construction of a building or structure, and (b) the relevant interest in the building or structure is sold by the developer in the course of the development trade before the building or structure is first used. (2) If— (a) the sale of the relevant interest by the developer was the only sale of that interest before the building or structure is first used, and (b) a capital sum is paid by the purchaser for the relevant interest, the capital sum is qualifying capital expenditure. (3) If— (a) the sale by the developer was not the only sale before the building or structure is first used, and (b) a capital sum is paid by the purchaser for the relevant interest on the last sale before the building or structure is first used, the lesser of that capital sum and the sum paid for the relevant interest on its sale by the developer is qualifying capital expenditure. (4) Where this section applies, the qualifying expenditure is to be treated as incurred by the purchaser when the capital sum referred to in subsection (2)(b) or (3)(b) is paid.

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270BE Sale by a developer: used buildings or structures

(1) This section applies if— (a) expenditure is incurred by a developer on the construction of a building or structure, and (b) the relevant interest is sold by the developer in the course of the development trade after the building or structure has been used. (2) This Part has effect in relation to the person to whom the relevant interest is sold (and any person who subsequently acquires the relevant interest) as if the expenditure on the construction of the building or structure had been qualifying capital expenditure.

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270BF Meaning of references to carrying on trade as a developer

For the purposes of sections 270BD, 270BE and 270BJ— (a) a developer is a person who carries on a trade which consists in whole or part in the construction of buildings or structures with a view to their sale, and (b) an interest in a building or structure is sold by the developer in the course of the development trade if the developer sells it in the course of the trade or (as the case may be) that part of the trade that consists in the construction of buildings or structures with a view to their sale.

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270BG Acquisition or alteration of land etc

(1) Expenditure incurred— (a) on the acquisition of land or rights in or over land, or (b) on altering land, is “excluded expenditure” for the purposes of this Part. (2) Expenditure incurred on, or in connection with, seeking planning permission (including fees and related costs) is “excluded expenditure” for the purposes of this Part. (3) In subsection (1), the reference to expenditure incurred on an acquisition includes a reference to— (a) fees, (b) stamp duty land tax, land and buildings transaction tax or land transaction tax, and (c) other incidental costs attributable to the acquisition. (4) For the purposes of subsection (1), “altering land” means— (a) land reclamation, (b) land remediation, and (c) landscaping (other than so as to create a structure). (5) In this section “land remediation” means— (a) in relation to land which is in a contaminated state— (i) activities in respect of which conditions A to C in section 1146 of CTA 2009 (contaminated land remediation) are met, and (ii) relevant preparatory activity as defined in subsection (4) of that section; (b) in relation to land which is in a derelict state— (i) activities in respect of which conditions A and B in section 1146A of CTA 2009 (derelict land remediation) are met, and (ii) relevant preparatory activity as defined in subsection (5) of that section. (6) In subsection (5), references to land in a contaminated or derelict state have the same meaning as they have for the purposes of Part 14 of CTA 2009 (remediation of contaminated or derelict land). (7) Subsection (1)(b) is subject to section 270BK (preparation of sites). (8) In this section, except in subsections (4)(b), (5) and (6), “land” does not include buildings or structures. (9) In this section— “planning permission” has the meaning given by the relevant planning enactment; “relevant planning enactment” has the meaning given by section 436(2).

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270BH Market value rule

(1) Expenditure is “excluded expenditure” for the purposes of this Part if, and to the extent that, it exceeds— (a) in a case where the qualifying capital expenditure under section 270BC or 270BD is the capital sum paid for the relevant interest in the building or structure, the market value of the interest (see section 577(1)), or (b) in any other case, the market value amount of the works, services and other matters to which it relates. (2) The “market value amount” means the amount of expenditure which it would have been normal and reasonable to incur on the works, services or other matters— (a) in the market conditions prevailing when the expenditure was incurred, and (b) assuming the transaction as a result of which the expenditure was incurred was between persons dealing with each other at arm’s length in the open market.

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270BI Provision of plant or machinery

Expenditure which is capital expenditure on the provision of plant or machinery for the purposes of Part 2 (plant and machinery allowances) is “excluded expenditure” for the purposes of this Part.

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270BJ Expenditure on renovation, conversion or incidental repairs

(1) This Part has effect in relation to expenditure incurred by a person— (a) on the renovation or conversion of a part of a building or structure, or (b) on repairs to a part of a building or structure that are incidental to the renovation or conversion of that part, as if it were expenditure on the construction of that part of the building or structure for the first time. (2) For the purposes of subsection (1), sections 270AA(1)(a) and 270AB have effect, in relation to a building or structure that has been brought into use before 29 October 2018, as if the renovation or conversion of, or repairs to, part of the building or structure were the construction of that part for the first time. (2A) For the purposes of subsection (1), in relation to a building or structure that has been brought into use at a time when the area in which the building or structure is situated was not a special tax site, section 270BNA(2) and (7) have effect as if the renovation or conversion of, or repairs to, part of the building or structure were the construction of that part for the first time. (3) For the purposes of subsection (1), expenditure incurred as mentioned in subsection (1)(a) or (b) for the purposes of a qualifying activity is to be treated as capital expenditure if it is not expenditure that may be allowed to be deducted in calculating the profits of the qualifying activity for tax purposes.

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270BK Preparation of sites

(1) This section applies if a person incurs capital expenditure, other than expenditure on altering land (within the meaning of section 270BG(4)), for the purposes of preparing land as a site for the construction of a building or structure. (2) This Part has effect in relation to the expenditure as if it were capital expenditure on the construction of the building or structure. (3) For that purpose, sections 270AA(1)(a), 270AB and 270BNA(2) and (7) have effect as if the preparation of the land mentioned in subsection (1) were the construction of the building or structure.

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270BL Apportionment of sums partly referable to non-qualifying assets

(1) If, for the purposes of this Part, an item of expenditure falls to be apportioned between expenditure for which an allowance can be made under this Part and other expenditure, the apportionment is to be made on a just and reasonable basis. (2) If the sum paid for the sale of the relevant interest in a building or structure is attributable— (a) partly to assets representing expenditure for which an allowance can be made under this Part, and (b) partly to assets representing other expenditure, only so much of the sum as on a just and reasonable apportionment is attributable to the assets referred to in paragraph (a) is to be taken into account for the purposes of this Part.

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270BM Evidence of the amount of expenditure

For the purposes of this Part— (a) the expenditure on the construction of the building or structure is the sum of those items of expenditure the actual amount of which can be shown, and (b) where there are no such items, the amount of expenditure is taken to be nil.

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270BN Expenditure incurred before qualifying activity carried on

For the purposes of this Part, if a person incurs expenditure for the purposes of a qualifying activity— (a) on or after 29 October 2018, and (b) before the date on which the person starts to carry on that activity, the expenditure is to be treated as if it were incurred by the person on the date mentioned in paragraph (b).

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270BNA Meaning of “special tax site qualifying expenditure”

(1) In this Part, qualifying expenditure incurred on the construction or acquisition of a building or structure is “special tax site qualifying expenditure” if conditions A to E are met. (2) Condition A is that construction of the building or structure begins at a time when the area in which the building or structure is situated is a special tax site. (3) Condition B is that the building or structure is first brought into qualifying use by the person entitled to the allowance under this Part— (a) at a time when the area in which the building or structure is situated is a special tax site, and (b) on or before the applicable sunset date in relation to the special tax site concerned (as to which see section 332(4) and (5) of F(No.2)A 2023). (4) Condition C is that the qualifying expenditure is incurred— (a) at a time when the area in which the building or structure is situated is a special tax site, and (b) on or before the applicable sunset date in relation to the special tax site concerned. (5) Condition D is that the person who incurs the qualifying expenditure is within the charge to income tax or corporation tax when it is incurred. (6) Condition E is that an allowance statement— (a) made for the purposes of section 270IA by the person who incurred the qualifying expenditure, and (b) relied on for the purposes of the first valid claim for an allowance under this Part in respect of that expenditure, states that the person wants the expenditure to be special tax site qualifying expenditure. (7) For the purposes of subsection (2), the construction of a building or structure is treated as beginning when the first contract for works to be carried out in the course of the construction of that particular building or structure (whether or not the contract also relates to the construction of other buildings or structures) is entered into. (8) This section is subject to regulations under section 270BNC.

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270BNB Apportionment

(1) Subsection (2) applies if, on the later of— (a) the day on which the building or structure is first brought into non-residential use, and (b) the day on which the qualifying expenditure is incurred, a building or structure is situated only partly in an area that is a special tax site. (2) Only so much of the qualifying expenditure as, on a just and reasonable apportionment, is attributable to the part situated in the special tax site is to be treated as special tax site qualifying expenditure. (3) Subsection (4) applies if a building or structure is first brought into qualifying use by the person entitled to the allowance under this Part partly on or before the applicable sunset date in relation to the special tax site concerned and partly after that date. (4) Only so much of the qualifying expenditure as, on a just and reasonable apportionment, is attributable to the part first brought into qualifying use by that person on or before that date is to be treated as special tax site qualifying expenditure.

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270BNC Power to amend meaning of “special tax site qualifying expenditure” etc

(1) The Treasury may by regulations (a) change the conditions that must be met in order for qualifying expenditure to be “special tax site qualifying expenditure” for the purposes of this Part (whether by adding, removing or altering conditions) , or (b) make provision adding, removing or altering, or otherwise about, circumstances in which qualifying expenditure is to be treated as if it were— (i) special tax site qualifying expenditure, or (ii) other qualifying expenditure, including provision about assessments, adjustments to assessments, returns, amendments of returns and penalties. (2) Regulations under this section— (a) may not remove the requirement for the building or structure to be situated in an area that is a special tax site, but (b) may alter the time when that requirement must be satisfied. (3) Regulations under this section may, among other things— (a) make provision by reference to the expenditure, the building or structure, the person who incurred the expenditure or a person who is or has been connected with that person; (b) impose conditions relating to accounts or other records; (c) impose other conditions requiring a person to take steps specified in the regulations; (d) make different provision for different purposes; (e) include incidental, supplementary, consequential, transitional or transitory provision. (4) Regulations under this section— (a) may amend, repeal or otherwise modify section 270BNA and other provisions of this Part, and (b) where made under subsection (1)(b) or (3)(e), may amend, repeal or otherwise modify other provisions of this Act or provisions of another Act. (5) The power to make regulations under subsection (1)(b) may be exercised only in relation to qualifying expenditure incurred on or after the date on which the regulations come into force.

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